A man won an $850 ruling against AT&T in small claims court last week, and the man who helped represent him even posted a nice guide on how to levy your own small claims suit against AT&T. Now, Jane Foody, a physical therapist and AT&T unlimited data customer has started a petition on Change.org.

I demand that you immediately stop throttling the data of customers with unlimited data subscriptions. Customers retained unlimited plans because they were promised unlimited data. Slowing their download speeds by up to 99% effectively prevents mobile internet users from using their mobile devices for anything but the most basic of uses.

Your data throttling, which takes place without due process, clearly violates the spirit of the agreement your customers entered with you. Even worse, in many cases it appears that customers have received warnings for using too much data when using 2 - 3 gigabytes of data per month -- as much as the two tiered data plans AT&T now offers. AT&T has proven itself to be a bad-faith actor with respect to its customers again and again.

It's galling that in the face of criticism for this policy, AT&T has repeatedly blamed its customers for using too much data! Instead AT&T should look at its persistent failure to invest sufficiently in its own networks while selling data plans for which it couldn't provide adequate service. In fact, your company just threw away $3 billion it could have used for network expansion on a failed attempt to buy T-Mobile.

If the public is to have faith in your word as a company and as a brand, it is imperative that you stop throttling customers' data on unlimited plans today.

Sincerely,

[Your name]

AT&T after the petition began to circulate responded by confirming that unlimited data users had data use capped at 3GB of use a month, after which their usage speeds would be greatly reduced. This means that unlimited data users are effectively paying $30/month for a 3GB data plan.

Sign the petition, file your own lawsuit, do what you feel inclined to do. Maybe if enough people make enough noise AT&T will actually act like it appreciates its customers for once.

Well not technically because you can still use as much data as you want; just at a slower pace.

Sorry but you are wrong, I paid for unlimited data... AT&T has added this hindering "policy" of throttled data after the fact. It was never part of my agreement with them. AT&T offered the unlimited data plan in the first place to get more money and secure customers...which it did. The digital landscape has changed and now that we as customers are using more data, they are "cheating" the loyal customers by added new rules. I just want what we agreed to...that's all.

I am completely against AT&T throttling data but technically didn't you unlimited data users only sign into a 2 year agreement with them? So if you are no longer under contract aren't they allowed change the terms as they are not legally bound to you and you are not bound to them. If you are unhappy with your data being capped or slowed then head over to Sprint for unlimited data without throttling!

I tried complaining about this sort of operation here in Australia years ago and got nowhere.
Now the yanks are complaining and making a big fuss about it.
I hope it gets heard over here too and people start complaining about it.

Unlimited is suppose to be unlimited WITHOUT LIMITATIONS, thats why its called UNLIMITED.

My home ISP changed their plans last year and I have an actual unlimited plan. Now we all need to complain and get mobile ISPs to do the same.

I am completely against AT&T throttling data but technically didn't you unlimited data users only sign into a 2 year agreement with them? So if you are no longer under contract aren't they allowed change the terms as they are not legally bound to you and you are not bound to them. If you are unhappy with your data being capped or slowed then head over to Sprint for unlimited data without throttling!

It's called most of us signed another 2 years with them, we are under a contract of unlimited data. Now if they said we won't sign new contracts with unlimited data that would be a different story. At least give it to us until the contract is up, so we can move on if that's what we decide. I also have 3 other members in the family plan under contract, doesn't sound cheap to leave under contract to me.

Accordingly, AT&T reserves the right to (i) deny, disconnect, modify and/or terminate Service, without notice, to anyone it believes is using the Service in any manner prohibited or whose usage adversely impacts its wireless network or service levels or hinders access to its wireless network[.]

Also it's fun to note AT&T reserves the right to screen and delete anything sent over their network. Section 4.1 of the Wireless Customer Agreement:

We may, but do not have the obligation to, refuse to transmit any information through the Services and may screen and delete information prior to delivery of that information to you.

Plus I suspect AT&T's staff of very well-paid lawyers will use the same definition of "unlimited" that Cer0 is: "unlimited" meaning internet access without a hard-capped data usage measured in bytes--no warranties were made as to how fast you would be allowed to access that data at any time.

Also it's fun to note AT&T reserves the right to screen and delete anything sent over their network. Section 4.1 of the Wireless Customer Agreement:

Plus I suspect AT&T's staff of very well-paid lawyers will use the same definition of "unlimited" that Cer0 is: "unlimited" meaning internet access without a hard-capped data usage measured in bytes--no warranties were made as to how fast you would be allowed to access that data at any time.

Best of luck to y'all.

My usage was not a factor until they decided the other day to cap at 3gigs, I was never capped before and was over the 2 gigs. My area has plenty of speed and is never down, so that is no factor in my case. And I doubt any judge would think the speed they are giving after being capped was agreed upon or advertised, this crap you spill is something you read on a forum that someone else found and you thought you would look like a wizard. Haha!

And you said Need I remind all you AT&T customers. Who are you? Mr. Cool

Sorry but you are wrong, I paid for unlimited data... AT&T has added this hindering "policy" of throttled data after the fact. It was never part of my agreement with them. AT&T offered the unlimited data plan in the first place to get more money and secure customers...which it did. The digital landscape has changed and now that we as customers are using more data, they are "cheating" the loyal customers by added new rules. I just want what we agreed to...that's all.

Read over your TOS again. And it wasn't added after the fact, it has been there before the iPhone as many sites have dug up and showed inculding MMi.

Hindering and getting no data are two different things. Hindering you are still getting unlimited data but at a slowed rate. Stopping is not getting data at all after that point of 3GB.

They have not really cheated anyone that actually reads the things they sign and agree to. And yes I read a great majority of the TOS I sign because they get tricky.

Originally Posted by done1234

My usage was not a factor until they decided the other day to cap at 3gigs, I was never capped before and was over the 2 gigs. My area has plenty of speed and is never down, so that is no factor in my case. And I doubt any judge would think the speed they are giving after being capped was agreed upon or advertised, this crap you spill is something you read on a forum that someone else found and you thought you would look like a wizard. Haha!

And what speeds does the TOS say you should be getting?

He didn't get it from a random site. It is right on ATT's site. direct link to that section: Wireless from AT&T. Are The Intended Purposes Of The Wireless Data Service%3F

When your 2 year contract is up and you re sign a 2 year contract it is the same contract as the previous 2 years. That's where the term grandfathered in comes to play. So as long as they allow grandfathered unlimited plans then they should stick to same criteria as the initial singing. I know he small print allows change but that isn't good business as everyone sees

Just got my first message. It said I was in the top 5%. I think is was just a friendly reminder reminding me that my two year agreement is up in June(Thanks Apple for making the 4S not as appealing as your other updates). So I think AT$T is doing me a great service by letting me know that it's time to move on and not have to deal with the dropped calls everyday. I have only used their crap service because of the unlimited data. If that's gone, why stay?

And for the guy(Lets call him Mr. Obvious) that works undercover for AT$T who keeps pointing out the TOS agreement. We all know that already. So enough already. It's a forum to speak our minds and vent our frustrations.

Not really as anytime I get a new phone like the 4S I agree to another 2 years of the original terms as the unlimited data is grandfathered in.

Originally Posted by okiedokieiguess

I am completely against AT&T throttling data but technically didn't you unlimited data users only sign into a 2 year agreement with them? So if you are no longer under contract aren't they allowed change the terms as they are not legally bound to you and you are not bound to them. If you are unhappy with your data being capped or slowed then head over to Sprint for unlimited data without throttling!

Who says limiting the speed is contractually acceptable? Unlimited data was sold under the premise of the same wireless service for everyone with the exception of specific price points changing how much data usage you could have at what price. Those contracts had no indication of differentiation between data usage and the speed of transmission. That's like saying that when the bumper to bumper warranty that lasts 5 years/50,000 miles expires the maintenance warranty that lasts for the life of ownership is now expired.

Where in the contract does it say AT&T will be targeting specific demographics? Because they do. AT&T is effectively discriminating against groups. Descrimination is not always a bad thing but in this case AT&T is punishing people that bought a service for the express reason it was offered. Why would anyone pay more for something that is not offered? This was and is a deceptive business practice.

If you had a lawyer on retainer for his/her use if/when you required their services (100% of their time if necessary) only to have him/her say, "sure I'll help you, but not only will I only give you a maximum of 10 hours a week, you must now pay extra fees for said services", would you call that acceptable?

Where in the contract does it say AT&T can and will have a contract with you that in good faith will not target you out and limit the good faith understanding of what "unlimited data" actually means? It doesn't.

A good faith understanding is, in this case, also a contractual agreement. Precedence & patterns of behavior are also factors in becoming a contract and honoring a contract.

I wouldn't bet my life that a class action is not possible just because it was in the initial contract. Poor, improper and deceptive business practices can void or at least compromise aspects of a contract. Finally, just because you sign a waiver when you are about to bungee jump off a bridge does not stop you from suing the people you just gave the waiver.

Negligence, deception and lies are usually frowned upon in the legal system. The fact that you are dealing with a large company just means they have more resources to grey the issue and fog up discourse.

Tooo bad, i don't have unlimited plan. Or else i would sign the petittion...

Signing the petition will likely have a bigger impact on AT&T if you are a customer, however I see no reason why non-customers couldn't sign the waiver. The additional voices will add to the discourse and may help to make this (or keep this) a national headline.

If you are not an AT&T wireless customer (or you don't have the "unlimited data plan") you can still sign the petition.

What are you the AT&T protector, no where do they advertise those speeds so I think a lawyer could use that very easily in a court of law. How are you abusing there cell service when everyone else gets 3 gigs, you can't be abusing if you get throttled. But wait if you pay more money on the 3 gig accounts you are allowed to bottle neck the system, so maybe it's not a bottle neck situation they just need money. Do they say to the customer you are in New York and the system is overloaded so you can't purchase more data (I think not). That will be a hard one in court.

But any way I'm glad you find it amusing that companies can change or word contracts to screw over the customer. Really I believe you are just one to find arguments to fight by surfing comments (CNN comments surfer), why would you try to protect a company that is really not doing it the correct way (if your going to take something away from your customer, give a discount or let users out of the contract for free). Do I believe I should get all the internet I want on my smart phone, no but I definitely should get that 5 gigs at a normal speed that unlimited was suppose to be. I have always known unlimited on cell carriers really didn't mean unlimited, 5 gigs was that cap but if they could handle it they would give you more.

No where is it advertised we have the slowest network join or network, no they advertise that we have the fastest network and look at our coverage map.

And like I said it's been posted on all the iPhone web sites, it's just a repeat of the same crap.

As I said somewhere in one of these endless threads on the subject; it isn't the fact that they are throttling but the reason behind it. If they were doing it because their network was over-loaded at the time than that would be understandable. They are doing it for no other reason but to "limit" the "unlimited" plans. Sure, you may continue to use data with out overages but at the throttled speed it literally becomes useless.